| Nashik Police have asked me to appear for questioning in connection with an investigation. What precautions should I take before attending? |
No — not in the sense of going without preparation and without knowing your rights. The correct response when the Nashik Police Commissionerate or any Maharashtra Police officer calls you for questioning is informed and cooperative attendance, not panic and not defiant refusal. The difference between clients who emerge from police questioning unharmed and those who are seriously damaged by it is almost entirely preparation.
When the Nashik Police issue a written notice under Section 179 of the BNSS (formerly Section 160 CrPC) requiring your attendance for questioning, you are generally expected to comply. Ignoring a lawful notice creates complications. But compliance comes with legally protected rights. Section 179 BNSS contains specific safeguards: persons under fifteen or over sixty, women, and persons with disabilities or acute illness cannot be required to attend the police station and must be examined at their residence or another appropriate place. If you qualify under any of these categories, assert it clearly in writing before attending.
Your constitutional right under Article 20(3) against self-incrimination protects you throughout the investigation — you are not obliged to answer questions that would tend to incriminate you. You have the right to consult a lawyer before and during the investigation. Having a criminal defence advocate from the Nashik panel of Aapka Legal Advice brief you thoroughly before you attend — on the case, on your rights, and on what you are and are not obliged to answer at the relevant Nashik police station or Commissionerate office — is basic, prudent protection of your fundamental rights. Attend as required, be respectful in manner, go in knowing your rights: do not volunteer speculation, do not sign anything without reading it, and do not answer self-incriminating questions without advice.
